Section 110-404. Common open space, drainage systems, private roads and other related common facilities.
(a) In the residential planned unit development, all common facilities shall be maintained for their intended purpose as expressed in the final development plan. One of the following methods or a combination of the following methods shall be utilized for maintaining common facilities:
(1) Public dedication to the city. This method is subject to formal acceptance by the city in its sole discretion.
(2) Establishment of an association or nonprofit corporation of all persons owning property within the residential planned unit development to ensure the maintenance of all common facilities.
(3) retention of ownership, control and maintenance of common facilities by the developer.
(b) A privately owned common open space shall continue to conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the final development plan. The deed restrictions shall run with the land and be for the benefit of property owners and shall contain a prohibition against partition.
(c) All common open space, as well as public and recreational facilities, shall be specifically included in the development schedule and shall be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.
(d) If the developer elects to administer common open space through an association or nonprofit corporation, the organization shall conform to the following:
(1) The developer must establish the association or nonprofit corporation prior to the sale of any lots, parcels, tracts or dwelling units.
(2) Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the residential planned unit development, and the association or corporation shall not discriminate in its members or shareholders.
(3) The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public; shall provide for the maintenance, administration and operation of the land and any other land within the residential planned unit development not publicly or privately owned; and shall secure adequate liability insurance on the land.
(4) If the developer elects an association or nonprofit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space or appropriate shares in the association.
(5) The developer shall turn over control of the association in an orderly manner consistent with F.S. ch. 718 regulating condominium associations, as though it were a condominium development.